Circumstances have changed after filing to the worse

[GHG7F0]

I filled on 7/25 and my 341 is this tuesday. We initially filed a emergency filing and it was completed on 8/8 with all schedules and information. I am over means test, but pass the means test according to my attorney. The UST so far have not been involved on Pacer, though their is still time. Hopefully I will pass and be done with this.

Since filling my wife and I have decided to go with a legal separation. I will be paying spousal support and her income will no longer be available to me.

My question is if I get challenged, can I amend my expenses to show the new circumstances? Could I use it in a 13? or would it best to refile in 6 months as now I will pass easily without her income and legally having to paying the spousal support. I am in a community property state.

Thanks in advance...

[helpmeout]

If the UST attempts to push you into a Chapter 13, you will then provide them with the changed circumstances, the court order showing the support amount (the UST will need proof of the support amount and that it is court ordered). The UST will have a difficult time getting around the totality of circumstances. Just get your proof together and wait. You may not have an issue at all.

[GHG7F0]

Time to start getting the court order than. We are in agreement, so it shouldn't take to long. I will write the settlement agreement this weekend and after a attorney reviews it we can submit it to the court.

Thanks...